Marrying and immediately pursuing a green card after entering visa-free
My spouse is a U.S. citizen in the U.S., while the other spouse enters visa-free from Korea and immediately begins the green card process after marrying.
Can the green card be issued without problems? Are there other concerns or information I should know?
When entering visa-free, showing an intent to obtain a green card during the entry inspection can create problems at that inspection.
This is because admission must match the purpose of your visa, and visa-free entry is meant for the purpose of tourism. Many people assume they can simply marry in Korea and then apply for a green card right after entering the U.S., but showing intent to obtain a green card at the time of visa-free entry can understandably raise concerns during that inspection.
When entering visa-free, keep in mind that you should not have an intent to reside permanently in the U.S. at the time of entry. There have been cases where people married in Korea and then entered visa-free intending to apply for a green card in the U.S., only to run into problems at the entry inspection. We recommend seeking professional advice beforehand.